Allahabad High Court
SURESH KUMAR @ SURESH KUMAR JAISWAL AND ANOTHERversusSTATE OF U.P. AND 6 OTHERS
- Decided
Holding
The petition is consigned to the records, directing a spot survey and disposal of the pending Order 39 application as the proper remedy.
Summary
The petitioners sought enforcement of a temporary injunction order issued by the Civil Judge (J.D.) in Prayagraj. The High Court observed that a breach of such an injunction can be remedied by filing a miscellaneous application under Order 39 Rule 2‑A of the Code of Civil Procedure, which the petitioners had already done. The Court directed that a spot survey of the disputed property be conducted by the Amin Commissioner within four weeks and that the pending Order 39 application be disposed of according to law. It also instructed the district and police administration not to intervene in the civil dispute unless a law‑and‑order situation arises. Consequently, the petition was consigned to the records without further order.
Issues considered
- Whether the petitioners can enforce the temporary injunction directly before the High Court
- Whether the appropriate remedy is a miscellaneous application under Order 39 Rule 2‑A of the CPC
Legislation cited
- Code of Civil Procedure, 1908 — s. Order 39 Rule 2-A
Subjects
- temporary injunction
- civil procedure
- Order 39
- enforcement of injunction
- jurisdiction
- spot survey
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
WRIT - C No. - 37750 of 2026
Suresh Kumar @ Suresh Kumar Jaiswal And
Another .....Petitioner(s)
Versus
State Of U.P. And 6 Others
.....Respondent(s)
Counsel for Petitioner(s) : Jeeshan Ahmad Siddiqui, Kanhaiya
Lal, Mohammed Iftekhar
Counsel for Respondent(s) : C.S.C.
Court No. - 1
HON'BLE AJIT KUMAR, J.
HON'BLE GARIMA PRASHAD, J.
1. Heard learned counsel for the petitioner and learned Standing Counsel for
the State respondents.
2. Petitioners want enforcement of the order of temporary injunction passed
by the Civil Judge (J.D.), District - Prayagraj in O.S. No.- 1752 of 2026.
3. In our considered view, if petitioners are aggrieved from violation of order
of temporary injunction he has alternative efficacious remedy to move
miscellaneous application under Order 39 Rule 2-A of Code of Civil
Procedure and from pleadings it is apparent that petitioner has already filed
such a misc. application. However, we still provide that after getting the spot
survey of the suit property done by Amin Commissioner within four weeks
and then the application under Order 39 Rule 2-A of Code of Civil
Procedure shall be disposed of in accordance with law. We also direct the
district and police administration not to interfere in the civil dispute inter se
parties except in the event there is any law and order situation.
4. With the aforesaid liberty, this petition is consigned to records.
(Garima Prashad,J.) (Ajit Kumar,J.)
September 21, 2026
A.K.Srivastava
Digitally signed by :-
ARUN KUMAR SRIVASTAVA
High Court of Judicature at Allahabad
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